Criminal proceedings against former European Commissioner John Dalli were to be taken depending on the outcome of the case against his ex-canvasser Silvio Zammit, Former Police Inspector Angelo Gafa’ told MPs yesterday.
That decision had been taken with the Police Commissioner, Peter Paul Zammit, in May 2013. About two weeks later, however, the police commissioner declared on TV that the case was closed, the inspector said.
Inspector Gafa’ was testifying before the House Privileges Committee which is considering a breach of privilege complaint by Prime Minister Joseph Muscat against Opposition leader Simon Busuttil. Dr Muscat filed the complaint after Dr Busuttil refused to withdraw his claim that the government had interfered in police work so that Mr Dalli would not be charged.
Inspector Gafa’ said the police had been given verbal and written advice by Attorney General Peter Grech to charge Mr Dalli in court in connection with the EU anti-fraud investigation.
Dr Grech had written to the Police Commissioner on January 11, 2013, advising that criminal charges be issued against Mr Dalli.
The same advice had been given verbally by the Attorney General in December 2012 when he had agreed with police conclusions regarding the investigation which had led to criminal proceedings being started against Silvio Zammit.
Mr Zammit stands charged with trading in influence over EU tobacco legislation when it fell within Mr Dalli’s portfolio as an EU commissioner.
Mr Gafa’ said that when the police wanted to arrest Mr Dalli, they found he was abroad and medical certificates were regularly sent to the police authorities.
He testified that Mr Dalli was interviewed by the Belgian police on March 20, 2013 and the Malta police felt an international arrest warrant could be issued so that Mr Dalli could be brought to Malta for questioning.
The police had sent for Mr Dalli the following May and the new Police Commissioner, Peter Paul Zammit, spoke to him on May 21, 2013, but Mr Dalli was not cautioned beforehand.
Mr Gafa’ said he felt this was an interview and not an interrogation. A tape of the interview had been given to Mr Dalli, while two other recordings were in the possession of the police.
Nothing new emerged from this interview, Mr Gafa said, adding that the questions asked were of a general nature.
He had written a minute in the police file saying he had agreed to a compromise with Commissioner Zammit: that a decision on criminal proceedings against Mr Dalli would be taken afterwards and depending on how criminal proceedings against Silvio Zammit were concluded.
Mr Gafa’ also testified that he handed over the case to Inspector Jonathan Ferris on June 7, 2013. He said that a day after, the Police Commissioner declared on the TV programme Dissett that the case against John Dalli was considered as closed.
He claimed he had not been consulted on this and came to know of this decision from the media.
Mr Gafa’ confirmed he did not attend any meeting between the Police Commissioner and the Attorney General, if any were held.
Earlier in the sitting Inspector Gafa’ said that Inge del Fosse, an official of the EU anti-fraud agency OLAF, had recorded a telephone call to Mr Zammit in 2012 when the OLAF investigation was under way.
Mr Dalli had known of the Olaf investigation at least since July 6, 2012, and on June 17, 2012, Mr Zammit had phoned Mr Dalli 10 minutes before phoning lawyer Gayle Kimberley, who was being interviewed by OLAF on the case when she was in Portugal. Dr Kimberley’s partner Josef Galea had provided information about this investigation to Mr Zammit.
An argument arose between government and opposition members over the interpretation of professional secrecy between lawyer and client.
Chris Said for the Opposition claimed that in a criminal case the police and the government were the same client. This was therefore different to the advice provided by the Attorney General to the government in a civil case.
Minister Edward Zammit Lewis disagreed and said that the issue of professional secrecy applied also in cases of a criminal nature.
The Attorney General and his assistant, Donatella Frendo Dimech, are to appear before the Privileges Committee on February11.
Energy Minister Konrad Mizzi will also appear before the committee in the same sitting if nonew developments occur on the matter.